Oregon Administrative Rules
Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE
Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM
Section 414-175-0021 - Citizenship and Noncitizen Status

Universal Citation: OR Admin Rules 414-175-0021

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Until May 1, 2024, a child in a filing group must meet one of the following citizenship and noncitizen status requirements:

(a) Be a citizen of the United States;

(b) Be a citizen of Puerto Rico, Guam, the Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana Islands;

(c) Be a national from American Samoa or Swains Islands;

(d) Be enrolled in programs that are subject to Head Start Performance Standards and are supported by both Head Start and CCDF funds. Caretakers must submit verification of Head Start enrollment in lieu of other documentation;

(e) Be enrolled in contracted programs. A Head Start eligibility checklist may be used as verification; or

(f) Meet one of the following noncitizen status requirements:
(A) An individual who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq).

(B) An Afghan or Iraqi individual granted special immigrant visa status (SIV) under section 101(a)(27) of the INA. These individuals are lawfully admitted for permanent residence under the INA.

(C) An individual who is an "Amerasian" who is granted immigration status under section 584 of Public Law 100-202; the Foreign Operations, Export Financing, and Related Program Appropriations Act of 1988; as amended by Public Law 100-461. These individuals are lawfully admitted for permanent residence under the INA.

(D) An individual who is admitted to the United States as a refugee under section 207 of the INA (8 U.S.C. 1157).

(E) An individual who is granted asylum under section 208 of the INA (8 U.S.C. 1158).

(F) An individual who is a "Cuban or Haitian entrant" (as defined in section 501(3) of the Refugee Education Assistance Act of 1980).

(G) An individual who is a "victim of a severe form of trafficking in persons" certified under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 to 7112).

(H) An individual who is a family member of a victim of a severe form of trafficking in persons who holds a visa for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003 (22 U.S.C. 7101 to 7112).

(I) An individual whose deportation is being withheld under section 243(h) of the INA (8 U.S.C. 1253(h)) (as in effect immediately before April 1, 1997) or section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) (as amended by section 305(a) of division C of the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, 110 Stat. 3009-597 (1996)).

(J) An individual who is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) for a period of at least one year.

(K) An individual who is granted conditional entry pursuant to section 203(a)(7) of the INA (8 U.S.C. 1153(a)(7)) as in effect prior to April 1, 1980.

(L) An individual who is a dependent child who meets the requirements of 8 U.S.C. 1641(c), as determined by the U.S. Citizenship and Immigration Services (USCIS).

(M) An Indigenous, First Nation, Inuit, Metis or Aboriginal individual who is an "American Indian" born in Canada to whom the provisions of section 289 of the INA (8 U.S.C. 1359) apply.

(N) A member of an "Indian tribe," as defined in section 4(e) of the Indian Self-Determination and Education Act (25 U.S.C. 450b(e)).

(O) An individual who is a noncitizen who is currently a survivor of domestic violence or who is at risk of becoming a survivor of domestic violence.

(2) A caretaker or an authorized representative must report the citizenship or noncitizen status of any child required to meet the requirements above. An adult member of the filing group or an authorized representative must sign a statement under penalty of perjury attesting to this status for each child in the Filing Group.

Statutory/Other Authority: ORS 329A.500

Statutes/Other Implemented: ORS 329A.500

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